Opinion
November 20, 1951.
Dear Governor:
We have for consideration and reply your letter of September 17, 1951, as follows:
"Honorable Chief Justice and Justices of The Supreme Court of the State of Florida
Supreme Court Building
Tallahassee, Florida
"Gentlemen:
"Under the provisions of Section 13 of Article IV of the Constitution of the State of Florida, [F.S.A.] I have the honor to request your written opinion in interpretation of my executive powers and duties under the Constitution of Florida as to the following:
"Prior to the convening of the 1951 session of the Florida Legislature, a committee of the United States Senate, popularly known and referred to as the "Kefauver Committee," held public hearings in various parts of the United States, including the State of Florida, for the purpose of developing factual information related to interstate crime, and particularly the relationship of crime to government and the action of public officials charged with administration of the law. One of the results of the action of the committee was to create widespread accusations and recriminations of corruption and graft against certain officials of the State of Florida and the counties thereof.
"Upon the convening of the 1951 session of the Florida Legislature, the House of Representatives thereof created a special committee to investigate all known charges of corruption and graft among public officials of the State of Florida and the counties thereof, and to make a report of its findings to the House of Representatives prior to the adjournment of the 1951 Legislature. This committee held public hearings throughout most of the session, and prior to its adjournment filed its report with the House of Representatives, as directed.
"As a result of the foregoing, the House of Representatives of the 1951 session of the Florida Legislature adopted House Resolution 49, which is as follows:
"`A Resolution for the Appointment of an Interim Committee of the House of Representatives to Inquire Into All Matters Affecting the Official Conduct of Any and All State or County Officials and Employees: Providing for Full Power to Inquire Into All Matters Connected With the Official Conduct of Any and All Said Officials and Employees.
"`Whereas, there have been widespread accusations and recriminations of corruption and graft against certain public officials of the State of Florida and the counties thereof, and
"`Whereas, the office and duties of the grand jury as set forth in the laws, organic and statutory, of the State of Florida are imposed and delegated solely to the House of Representatives insofar as inquiry into and indictment of the conduct of our constitutionally created state officers are concerned, and
"`Whereas, the honor and integrity of our statehood has been maligned and stained throughout the length and breadth of the country, and
"`Whereas, the initiation of proceedings to correct such abuses or to exonerate the officers accused of such abuses is an inescapable responsibility of this body, Now Therefore,
"`Be it resolved by the House of Representatives of the State of Florida:
"`There is hereby created an interim committee of the house of representatives, composed of five members of the said house, to be appointed by the speaker thereof, who shall have full power to inquire into all matters connected with or affecting the official conduct of any and all state or county officers and any and all state or county employees.
"`The said interim committee shall have all power of subpoena and all other powers vested by law in ordinary legislative committees including the power to work in conjunction with any and all other duly authorized legislative groups or committees.
"`The committee shall have authority to appoint a chairman and vice-chairman thereof. Said committee shall have authority and is hereby directed to call such meetings, hold such hearings and make such investigations as may be deemed necessary for the purpose of making such inquiries as authorized herein.'
"The House of Representatives foresaw the need for funds to defray the expenses of the Interim Committee it had thus created, and in anticipation thereof, there was introduced in the Legislature House Bill 1641. This bill was an appropriation act designed to provide funds for defraying the committee's expenses, which bill is as follows:
"`A Bill to be Entitled
"`An Act Appropriating Fifty Thousand ($50,000) Dollars for the Expenses of Any House of Representatives Interim Committee Created By Resolution of the 1951 Legislature for Purpose of Inquiring Into All Matters Connected With Official Conduct of State or County Officers and Employees.
"`Be it enacted by the Legislature of the State of Florida:
"`Section 1. There is hereby appropriated from the general revenue fund of the State of Florida, the sum of fifty thousand ($50,000.00) dollars for the payment of expenses of any House of Representatives Interim Committee created by resolution of said House in the 1951 Legislative Session for the purpose of inquiring into all matters connected with or affecting the official conduct of any and all state or county officers and employees.
"`Section 2. The monies appropriated herein shall be expended upon vouchers to be approved by the chairman or vice chairman of any such committee set forth in Section 1 hereof.
"`Section 3. All laws and parts of laws in conflict herewith are repealed.
"`Section 4. This act shall be effective July 1, 1951.'
"Although House Resolution 49 was duly adopted by the House of Representatives, the appropriations bill, being House Bill 1641, subsequently failed of passage in the Senate and to become a law, thereby evidencing a legislative intent that no funds of the State of Florida be appropriated or used for the purpose of defraying the expenses of the committee created by House Resolution 49.
"House Bill 753, being the general appropriations bill adopted by the 1951 session of the Florida Legislature making appropriations for current operating expenses of the departments and branches of the State government, and for other purposes, for the annual periods beginning July 1, 1951 and July 1, 1952, does not include any specific item for the payment of the expenses of the committee created by House Resolution 49. After diligent search, I fail to find any other general act adopted by the 1951 session of the Florida Legislature making an appropriation for the payment of the expenses to be incurred by the committee created by House Resolution 49.
"A request has been made for an allocation of the sum of Twenty Thousand ($20,000.00) Dollars to be paid out of the treasury of the State of Florida for the purpose of paying the expenses heretofore incurred after the close of the Legislature and to be hereafter incurred by the committee created and appointed under and pursuant to House Resolution 49.
"In view of your advisory opinion to the Governor as reported in 156 Fla. 45 [ 22 So.2d 397], I am in doubt as to my authority to countersign warrants issued by the Comptroller of the State on the State treasury to pay expenses heretofore incurred and hereafter to be incurred by said committee during the current biennial period, otherwise than pursuant to an act of the Legislature appropriating funds therefor. I, therefore, have the honor to request your written opinion as to whether or not House Resolution 49 above quoted is sufficient authority for my countersignature to a Comptroller's order or warrant on the State treasury to pay the expenses of the committee created and appointed under and pursuant to House Resolution 49 heretofore incurred after the close of the Legislature and to be hereafter incurred; in view of the fact that the Legislature had the question of an appropriation for the expenses of this committee before it and failed to make an appropriation therefor.
"Respectfully submitted, Fuller Warren Governor"
"FW/fc
The purpose of House Resolution 49 was to provide for the appointment of an interim committee of the House of Representatives and to clothe it with power and authority to inquire into all matters affecting the official conduct of all State and County officials, as well as employees. It is to be observed that the controlling question presented here for consideration is whether or not House Resolution 49 authorizes the Chief Executive of Florida to countersign a Comptroller's order or warrant drawn on the State Treasury to be used in payment of the expenses of the Committee and incurred by it after the adjournment of the 1951 session of the Legislature. Our answer to the question must be in the negative and our conclusion rests on our previous Advisory Opinion to former Governor Caldwell, reported in 156 Fla. 45, 22 So.2d 397.
This answers the only question presented in your communication.
Respectfully,
/s/ H.L. SEBRING Chief Justice /s/ GLENN TERRELL /s/ ROY H. CHAPMAN /s/ ELWYN THOMAS /s/ T. FRANK HOBSON /s/ B.K. ROBERTS /s/ JOHN E. MATHEWS
Justices of the Supreme Court of Florida.